Comparing Civilian and Military Courts in Sexual Assault Cases

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Sexual assault is a serious crime in the United States, and as a civilian you are tried in a normal civilian court, while an on duty military personnel would face a different court system and a different punishment. Many civilians and military personnel believe sexual assault cases should be decided by the same court justice to provide fair punishment among the accused. Sexual assault has become a major issue in the united states, it has risen by 6% in the past year. Many of the sexual assault charges are reported but more than 68% are not. ”An Anonymous survey of military personnel indicated that as many as 26,000 men and women were victims that year” (Military Sexual Assault: The Basics) . While a normal civilian that is charged with sexual …show more content…

In New York there is Jackson, Varney, Wilson 2 a minimum of 2 years and a maximum of 7 years in prison. For military cases only one in twenty people are found guilty of sexual assault. Last year “ 6,131 service members reported a sexual assault” out of all the reports “only about 317 service members were courtmartialed and sentenced to confinement”( Andrew Tilghman ). All though many cases of sexual assault are overlooked in the military some of those convicted face a certain case of punishment.They are given a chance to stand in front of a counsel to show evidence but even then they can serve up to life in military prison or have a dishonorable discharge and be listed as a convicted sex offender. The punishment for military is severe, but over half of the cases are overlooked making the decisions unfair. For years now when a soldier reports a rape the commanding officer uses the “good soldier” defense. This defense used in military court systems has given the defendant the ability to “cite their military character to demonstrate the likelihood of innocence and provides victims with special counsel”(Patricia Kime). This one defense has been used to throw out cases

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